After the PERM labor certification is approved, the sponsoring employer files an I-140 immigration petition with DHS. This application must be filed within 180 days of the PERM certification or the PERM expires.

It is important to outline and review the I-140 petition with your attorney when preparing the PERM application (which is the first step of the green card process). Proper planning can have a significant impact on how quickly an applicant can apply for a green card and also significantly decrease the chance of a denial.

DHS has become increasingly arbitrary in how they interpret legal eligibility. For this reason, it is important to establish up front that the employer and applicant not only meet all requirements but can document this eligibility. Among other things, the employer must show financial stability, an ability to properly pay the applicant from the date the PERM application was filed onwards and a desire to continue the applicant’s employment. In addition, the employer will file the original approved PERM document, as DHS has the final approval over this application. The employee must submit specifically formatted documentation verifying that he or she met the minimum job requirements as listed in the certified PERM application before accepting employment in that position.

Clients often ask how long it will take to obtain their green card. The answer generally varies from six months up to about six years. That is because applicants are placed into one of five categories, depending on the skills and education required for the position as described in their PERM application. Each category has a “quota” that determines the number of people who can apply for a green card in that category per year. Wait times to apply for a green card vary widely for each category- from no wait up to ten years. This is an important consideration when deciding to begin the green card process. Planning ahead also means the employer will be aware of all legal requirements and be able to document them.

The five Employment Based Green Card categories are as follows:

• EB-1: Fast Track to a Green Card
  • Workers of extraordinary ability
  • Outstanding professors and researchers
  • Multinational executives and managers
• EB-2: (May be eligible for National Interest Waiver)
  • Members of the professions holding advanced degrees or a Bachelor’s plus five years of progressively responsible experience
  • Workers of exceptional ability
• EB-3:
  • Skilled workers (at least two years experience required)
  • Professional (bachelor’s degree required)
  • Other workers (less than two years experience required)
• EB-4: Religious Workers
• EB-5: Investors

Who Can File Step Two and Step Three Simultaneously:

Some applicants are able to file the I-140 petition (step two) and the adjustment of status application (step three) together. The Department of States allows a certain number of foreign workers to apply for a green card per year. First, workers are placed into one of five quota categories. If the quota has not been met in that person’s category on the day the PERM application is approved, he or she can file these two steps together, saving time and money for the employer and employee.

Ms. Troy has handled numerous complex employment based cases across all of the categories listed above for clients across the business spectrum: small non-profit organizations, large corporations and small to mid-sized companies in the private sector. She has successfully obtained green cards for L-1A and L-1B visa holders, E-2 investors, O-1 persons of extraordinary ability and researchers, H-1B, TN and E-3 applicants.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.